Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is Mahmood (paras. S-LTR.1.6. & S-LTR.4.2.; Scope) Bangladesh [2020] UKUT 376 (IAC). Bangladeshi national Sultan Mahmood, 41, has been living in the UK since at least...
Interesting piece over on the EU Law Analysis site by Aleksandra Jolkina about the flawed approach by the First-tier and Upper Tribunals to questions of marriages of convenience in EU law. The tribunals frequently blend the highly ambiguous domestic “genuine and subsisting relationship” requirement with the much more objective EU...
Care workers eligible for the EU Settlement Scheme seem unaware of the need to apply, a new report has found. The Joint Council for the Welfare of Immigrants (JCWI) surveyed 290 social care workers and found that as many as one in three had never heard of the Settlement Scheme,...
Building on CJ’s briefing on the Tier 1 (Investor) route last year, this article contains five top tips for the preparation of an Investor application. Before we begin, it is worth recalling the relevant Immigration Rules on entry clearance for Investors. Table 7 of Appendix A to the Immigration Rules...
The distinction between a “claim” and an “application” was at the heart of the Upper Tribunal’s recent decision in Yerokun (Refusal of claim; Mujahid) Nigeria [2020] UKUT 377 (IAC). Mr Yerokun made an application for permission to remain in the UK based on his human right to private and family...
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v Denmark (application no. 56803/18) and Khan v Denmark (application...
… when a young Vietnamese person is found living in a room with a padlock on the outside of the door, describes working for no payment in a nail bar, gives a vague account of apparently chance encounters with a series of Vietnamese persons as part of her journey and...
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the Home Department [2021] EWHC 54 (Admin)...
Furious musicians have gathered over 260,000 signatures on a petition to the British government asking for a “Europe-wide visa-free work permit for touring professionals and artists”. In response, the government claims that “during our negotiations, we proposed measures to allow creative professionals to travel and perform in both the UK...
Vacancy: Senior immigration advisor/solicitor Organisation: Seraphus Salary: Minimum £36,000 per annum – maximum dependent on experience Location: The vacancy is full-time, five days per week, in London. We support flexible working hours with home-working. While this role will be delivered remotely while public health necessitates it, there is an opportunity...
In BTT v R [2021] EWCA Crim 4 the Court of Appeal (Criminal Division) required a man appealing a conviction for growing cannabis to give oral evidence about his account of human trafficking. It then relied on this evidence to depart from the Upper Tribunal’s decision that he was a...
The end of free movement has, for better or worse, given rise to a number of new visa routes catering for workers looking to establish themselves in the UK. Joining their ranks is the frontier worker permit which opened to new applicants on 10 December 2020. Although only open to...
Dr Melanie Griffiths and I have spent four years working on an academic article mapping, explaining, analysing and evaluating the hostile environment policy. It is finally done and dusted and is open access, so you can take a look over at Critical Social Policy. I approached Melanie to co-author something...
A Palestinian refugee threatening to take his own life in a dispute over the age recorded on his residence permit has lost a judicial review at the Court of Appeal. The case is (WA (Palestinian Territories)) v Secretary of State for the Home Department [2021] EWCA Civ 12. Background The...
How serious must a person’s “extremism” be to justify exclusion from the Refugee Convention? Three years ago, the Court of Appeal in Youssef & N2 v Secretary of State for the Home Department lowered the bar for exclusion from the Convention’s protection by disqualifying an asylum seeker for “general” promotion...
A second report in the space of two days from the immigration inspector, this time on the Home Office’s use of sanctions and penalties. These are an integral part of the “hostile environment” policy of outsourcing immigration control to the private sector. Companies can be fined if, for example, they...
One quirk of government statistics is that they no longer record how many deportation orders are successfully appealed. For tedious reasons of appeals law, since 2015/16 the relevant stats have only shown deportation appeals by EU citizens; deportation appeals by non-EU citizens are lumped into a larger category of “human...
Lawyers are prone to creating “terms of art”, i.e. a phrase which has a specific meaning within a particular branch of law, distinct from its usage in ordinary English. In Patel (historic injustice; NIAA Part 5A) India [2020] UKUT 351 (IAC), the Upper Tribunal defines the phrases “historic injustice” and...
The Home Office should do more to “professionalise” the officials it sends to argue immigration cases in court, the immigration inspector has found. A report by the Independent Chief Inspector of Borders and Immigration, published today, says that Home Office Presenting Officers (HOPOs) need better training and more rigorous professional...
The government has introduced important new rules on the handling of claims for asylum with effect from 1 January 2021. Guidance for Home Office asylum caseworkers was published the day before, on 31 December, fleshing out some of the operational details. What is not in the policy document is as...
Three lawyers convicted in 2019 of providing unregulated immigration advice worth millions have been ordered to cough up over £45,000 between them in fines and compensation. Dan Romulus Dandes, Babbar Ali Jamil and Zia Bi were sentenced at the Old Bailey on 5 January 2021 for their roles in a...
Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military...
Children may arrive in the care of local authorities without British citizenship or UK immigration status. They and their social workers may not realise there is an issue until, for example, the child has a school trip abroad and needs a passport; until they apply to university; or until they...
Two separate roles here with Refugee Legal Support, both for a new Family Reunion from Europe pro bono project; job descriptions for each one as follows. 1. Project Casework Supervisor 6-month initial contract with a view to extension subject to need and funding. Part time – 21 hours per week...
The derivative right to reside as a primary carer of a child in education is largely a creation of the Court of Justice of the European Union (CJEU): see Teixeira v Lambeth LBC (C-480/08) and Ibrahim v Secretary of State for the Home Department (C-310/08). The right is ultimately based...
The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN v Secretary of State for the Home Department [2020] EWCA Civ 1746. Although this was the central question in the case and huge resources were...
The Home Office may cut the minimum prison sentence required to trigger automatic deportation from 12 months to six months, it emerged over the holidays. The Mail and Times appear to have been briefed independently on the idea, with the former reporting that “the measures are likely to form part...
Following years of discussion and consultation, the government’s draft Domestic Abuse Bill was eventually published in January 2019. Now, nearly two years later, the bill comes before the House of Lords on Tuesday 5 January. Campaigners and survivors alike know that this so-called “landmark” legislation continues to fall short— specifically...
It hasn’t exactly been one of the all time greats, has it? Nevertheless, every year I attempt to stand back from the constant updates and news, reflect on what really happened in immigration law during the year and try to look ahead to the coming rotation around our sun. If...
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify it. This is a good thing. But has it been successful? Different types of complicated Immigration law can be complicated...
Lawyers interested in deportation will be aware of the decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, handed down in April 2020. In that case, the Supreme Court set out the correct test that should be applied to cases where the courts are...
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permission to be in the UK while it is being considered (what’s called “section...
Pending asylum appeals in Scotland can be affected by changes to country guidance right up to the point when they are sent out to the parties to the case, even if the judge has already signed off on his or decision, according to the Upper Tribunal in NRS and Another...
In R (MP) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634, the Court of Appeal upheld the High Court’s decision that there was no need for the government to consult the public before introducing advance charging of overseas visitors for NHS treatment. The High Court...
Last month, UN special rapporteur on racism Professor Tendayi Achiume raised concerns about the impact of digital technologies on human rights. Achiume’s comments come at a time when governments are relying more and more on digital tools to control migration. In the UK, we’ve already seen the government use data...
The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The case is Fratila and Tanase v Secretary of State for Work and Pensions [2020] EWCA Civ 1741. Alex explores the...
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human trafficking, the High Court held today. The policy will now have to be reworked to make clear that there is a discretion to allow asylum...
